The dealer have far more to cover in the back end of there daily operations plus new details to address the marketing / advertising of pre-own vehicle. I am not going to cover that here as Ontario Motor Vehicle Industry Council (OMVIC http://www.omvic.on.ca/omvic/contact_us/contact_us.htm) has been send News Letters and information for the past year direct to the dealers/managers. How ever if you are a dealer and have some questions send me an E-mail I'm happy to help you work thought the details.
Here are some of key points of interest
-Disclose the total cost of repairs for any single incident related to the vehicle that exceeds $3000.oo
includes body repair and other major components
-Dealer must disclose Material Facts that may influence a reasonable person in the decision to purchase or lease the vehicle.
-Declared a total loss by an insurer must be disclosed even if the vehicle was not branded
-Vehicle that are recovered from theft or criminal activity
-Negative branding classes Irreparable, Salvage or Rebuilt must be disclosed
-If the vehicle has any out side of Ontario registration over the past 7years
-Daily rental,emergency vehicle, taxi/limo or other service (School Bus/Tow truck) even if not branded as such on the ownership
-Fire, Flood or Structural damage to the vehicle
-Current or immediate preceding model year dealer must disclose if any panels have been repainted.
Vehicles older then 2 model years if more adjacent panels Not including bumper panels have been
replaced.
-Safety related if the dealer is aware that the air bags or ABS is not functional consumers must be made aware.
-Must inform purchasers of pending repairs to major components(including A/C).
-Sales contracts must accurately report odometer reflect the true distance a vehicle has travelled along with exact Make, Model, Trim Level, Model Year, Disclose inaccurate badges or marking. As well if the vehicle has been modified and how it related to the manufactures warranty.
-Buyers specific disclosures example; Question- Has this vehicle ever been used as a tow vehicle?
If the dealer can confirm that it has not been used must be added to the contract.
Rescission: Cancelling a contract
So you bought a vehicle and found that the dealer did not disclose the past history, what is the process? As a purchaser you have 90 days to cancel the contract of the sale along with attachments to the deal such as extended warranties, financing, and other agreements on the contract like trade value as stated on the contract must be paid back to the consumer. No dealer as of January 1st 2010 is not going to want the hasel attached to cancelling a contract and should provide one the vehicle history reports available with the sale of a vehicle: Car Proof, Car fax, Auto Check or UVIP-Ministry of Transportation all industry standards. By doing this along with some very basic business practices most consumers will never have to deal with the Rescission process. In Ontario, there is no "cooling-off" period after you have signed a contract; however, there are certain conditions that can trigger a consumer's right to cancel a contract with a dealer. Here is a great link to cover more details: http://www.omvic.on.ca/info/public_awareness/car_shopping_info.htm
I try my best but do not take any personal responsibility for omissions or errors and would love feed back. For more details please contact me at Cambridge Mitsubishi (519) 650-0609
